People v. Saitta
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip S. Saitta, from a judgment of the Court of General Sessions of the Peace in and for the county of New York, rendered against him on the 18th day of March, 1914, convicting him of the crime of larceny in the second degree.
1Opinion of the Court
Smith, J.:
We are of opinion that the ends of justice and the due administration of the law require a reversal of this judgment of conviction. If the defendant was guilty of larceny of any property of the complainant, it was of larceny of a much larger sum than $500, and the conviction of the defendant by the jury of larceny in the second degree is apparently a compromise verdict, which calls for careful scrutiny by the appellate court to see that the conclusion is justified by the evidence.
The testimony of Gattb, the main witness, who swore against the defendant was far from satisfactory. He…
2Cases cited1 opinion
- People v. . FreemanNew York Court of Appeals · 1911
3Cited by2 opinions
- People v. HenryAppellate Division of the Supreme Court of the State of New York · 1921
- People v. De SimoneAppellate Division of the Supreme Court of the State of New York · 1918